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ICE unlawfully arrested a Minnesota college student again
A Minnesota college student was wrongfully detained by ICE for a second time during the recent immigration surge after spending more than a month in custody last spring. Mohammed Hoque, a Minnesota State Mankato student, was first arrested by ICE last spring and spent 40 days in custody. FOX 9's Paul Blume has the story.
MINNEAPOLIS (FOX 9) - A Minnesota college student was wrongfully detained by ICE for a second time during the recent immigration surge after spending more than a month in custody last spring.
Federal judge ordered student’s release after first arrest
What we know:
Mohammed Hoque, a Minnesota State Mankato student, was first arrested by ICE last spring and spent 40 days in custody.
While the Department of Homeland Security (DHS) argued that Hoque was detained because of a misdemeanor assault case, U.S. District Court Judge Jerry Blackwell found that DHS targeted Hoque because of his outspoken support of Palestinian rights in the Middle East conflict.
The judge ordered Hoque’s release on a $7,500 Immigration court bond last May.
A second arrest despite court order
Dig deeper:
In mid-January, Hoque was detained again at the height of Operation Metro Surge.
According to a signed affidavit obtained by the FOX 9 Investigators, Hoque claimed masked ICE agents in tactical gear entered his family’s Mankato home without a warrant.
Hoque said that he was handcuffed in his pajamas in front of his family and taken to the Whipple Federal Building for processing. He spent more than six hours in custody.
"I told the agents that I had a court order that prohibited them from detaining me," wrote Hoque. "They told me that they were aware of the order but that they did not care."
"Should not have been re-arrested"
The other side:
The government later admitted in a court filing that "Mr. Hoque should not have been re-arrested."
ICE agent Sarwar Hussain stated agents were "not aware at the time" that a federal judge had previously ordered Hoque’s release because they didn’t check the system that contained those records on the day of his second arrest.
Hoque still faces possible deportation despite his student status.
In an email to the FOX 9 Investigators, a DHS spokesperson said Hoque "is in removal proceedings, and we will continue to fight for the arrest, detention, and removal of aliens who have no right to be in this country."
Magistrate Judge has "serious concerns"
Why you should care:
U.S. Magistrate Judge David Schultz raised "serious concerns" that Hoque was arrested again despite multiple judicial orders requiring his release.
"Even accepting the Government’s assertion that the arresting agents were unaware of the Court’s order, ignorance resulting from failure to consult available systems does not excuse the Government’s noncompliance."
Hoque was initially detained last year as part of the Trump Administration's targeting of international students.
Hoque’s attorneys would not comment on the pending case.
The backstory:
Local immigration attorneys previously raised concerns that the speed and intensity of the ICE operations this past winter created the potential for such mistakes.
"I really would hope that at some point they (the government) would slow down just a little bit, maybe to read the files, ask some questions, and realize maybe they have the wrong person today, and let that person go," attorney David Wilson said in January.
The FOX 9 Investigators tracked dozens of cases involving wrongful detentions, improper transfers and violations of court orders.
You can read what judges have said in those cases here.
While Schultz ultimately found that civil contempt sanctions were not warranted, he said the actions of ICE agents fit into a pattern of court order violations.
"(Hoque’s) allegations reflect a recurring pattern of ICE failing to comply with court orders and conducting warrantless entries into private residencies," wrote Schultz.
The case now returns to Judge Blackwell for final consideration.